MINIMUM
WAGES ACT, 1948
[Act
No. 11 of Year 1948, dated 15th. March, 1948]
An Act to provide
for fixing minimum rates of wages in certain employments
Whereas it is expedient
to provide for fixing minimum rates of wages in certain employments;
It is hereby enacted
as follows: -
1.
Short title and extent
(1)
This Act may be called the Minimum Wages Act, 1948.
(2)
It extends to the whole of India.l[***]
2.
Interpretation
In this Act, unless there
is anything repugnant in the subject or context,-
2[(a) "adolescent" means a person who has completed
his fourteenth years of age but has not completed his eighteenth year;
(aa) "adult" means a person who has completed his eighteenth
years of age;]
(b) "appropriate government" means-
(i) in relation to any scheduled employment carried on by or under the
authority of the 3[Central Government or a railway administration],
or in relation to a mine, oilfield or major port, or any corporation established
by 4[a Central Act], the Central Government, and
(ii) in relation to any other scheduled employment, the State Government;
5[(bb) "child" means a person who has not completed his
fourteenth year of age;]
(c)
"competent authority" means the authority appointed by the appropriate government
by notification in its Official Gazette to ascertain from time to time the cost
of living index number applicable to the employees employed in the scheduled
employments specified in such notification;
(d) "cost of living index number" in relation to employees
in any scheduled employment in respect of which minimum rates of wages have
been fixed, means the index number ascertained and declared by the competent
authority by notification in the Official Gazette to be the cost of living index
number applicable to employees in such employment;
(e) "employer" means any person who employs, whether directly
or through another person, or whether on behalf of himself or any other person,
one or more employees in any scheduled employment in respect of which minimum
rates of wages have been fixed under this Act, and includes, except in sub-section
(3) of section 26,-
(i) in a factory where there is carried on any scheduled employment in respect
of which minimum rates of wages have been fixed under this Act, any person named
under 6[clause (f) of sub-section (1) of section 7 of the Factories
Act, 1948 (63 of 1948)], as manager of the factory;
(ii) in any scheduled employment under the control of any government in India
in respect of which minimum rates of wages have been fixed under this Act, the
person or authority appointed by such government for the supervision and control
of employees or where no person or authority is so appointed the head of the
department;
(iii) in any scheduled employment under any local authority in respect of which
minimum rates of wages have been fixed under this Act, the person appointed
by such authority for the supervision and control of employees or where no person
is so appointed, the chief executive officer of the local authority;
(iv) in any other case where there is carried on any scheduled employment in
respect of which minimum rates of wages have been fixed under this Act, any
person responsible to the owner for the supervision and control of the employees
or for the payment of wages;
(f) "prescribed" means prescribed by rules made under this
Act;
(g) "scheduled employment" means an employment specified in
the Schedule, or any process or branch of work forming part of such employment;
(h) "wages" means all remuneration, capable of being expressed
in terms of money, which would, if the terms of the contract of employment,
express or implied, were fulfilled, be payable to a person employed in respect
of his employment or of work done in such employment 7[and includes
house rent allowance], but does not include-
(i) the value of-
(a) any house, accommodation, supply of light, water, medical attendance, or
(b) any other amenity or any service excluded by general or special order of
the appropriate government;
(ii) any contribution paid by the employer to any pension fund or provident
fund or under any scheme of social insurance;
(iii) any travelling allowance or the value of any travelling concession;
(iv) any sum paid to the person employed to defray special expenses entailed
on him by the nature of his employment; or
(v) any gratuity payable on discharge;
(i) "employee" means any person who is employed for hire or
reward to do any work, skilled or unskilled, manual or clerical, in a scheduled
employment in respect of which minimum rates of wages have been fixed; and includes
an out-worker to whom any articles or materials are given out by another person
to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted
or otherwise processed for sale for the purposes of the trade or business of
that other person where the process is to be carried out either in the home
of the out-worker or in some other premises not being premises under the control
and management of that other person; and also includes an employee declared
to be an employee by the appropriate government; but does not include any member
of the Armed Forces of the,8[Union].
3.
Fixing of minimum rates of wages
9[(1) The appropriate government shall, in the manner hereinafter provided,-
10[(a) fix the minimum rates of wages payable to employees employed in
an employment specified in Part I or Part II of the Schedule and in an employment
added to either Part by notification under section 27:
PROVIDED that the appropriate Government may, in respect of
employees employed in an employment specified in Part II of the Schedule, instead
of fixing minimum rates of wages under this clause for the whole State, fix
such rates for a part of the State or for any specified class or classes of
such employment in the whole State or part thereof;]
(b) review at such intervals as it may think fit, such intervals not exceeding
five years, the minimum rates of wages so fixed and revise the minimum rates,
if necessary:
7[PROVIDED that where for any reason the appropriate
government has not reviewed the minimum rates of wages fixed by it in respect
of any scheduled employment within any interval of five years, nothing contained
in this clause shall be deemed to prevent it from reviewing the minimum rates
after the expiry of the said period of five years and revising them, if necessary,
and until they are so revised the minimum rates in force immediately before
the expiry of the said period of five years shall continue in force.]
(1A) Notwithstanding anything contained in sub-section (1), the appropriate
government may refrain from fixing minimum rates of wages in respect of any
scheduled employment in which there are in the whole State less than one thousand
employees engaged in such employment, but if at any time, 11[***]
the appropriate government comes to a finding after such inquiry as it may make
or cause to be made in this behalf that the number of employees in any scheduled
employment in respect of which it has refrained from fixing minimum rates of
wages has risen to one thousand or more, it shall fix minimum rates of wages
payable to employees in such employment 12[as soon as may be after
such finding.]
(2) The appropriate government may fix-
(a) a minimum rate of wages for time work (hereinafter referred to as "a minimum
time rate");
(b) a minimum rate of wages for piece work (hereinafter referred to as "a minimum
piece rate");
(c) a minimum rate of remuneration to apply in the case of employees employed
on piece work for the purpose of securing to such employees a minimum rate of
wages on a time work basis (hereinafter referred to as "a guaranteed time rate");
(d) a minimum rate (whether a time rate or a piece rate) to apply in substitution
for the minimum rate which would otherwise be applicable, in respect of overtime
work done by employees (hereinafter referred to as "overtime rate").
13[(2A) Where in respect of an industrial dispute relating to the rates
of wages payable to any of the employees employed in a scheduled employment,
any proceeding is pending before a Tribunal or National Tribunal under the Industrial
Disputes Act, 1947 (14 of 1947) or before any like authority under any other
law for the time being in force, or an award made by any Tribunal, National
Tribunal or such authority is in operation, and a notification fixing or revising
the minimum rates of wages in respect of the scheduled employment is issued
during the pendency of such proceeding or the operation of the award, then,
notwithstanding anything contained in this Act, the minimum rates of wages so
fixed or so revised shall not apply to those employees during the period in
which the proceeding is pending and the award made therein is in operation or,
as the case may be, where the notification is issued during the period of operation
of an award, during that period; and where such proceeding or award relates
to the rates of wages payable to all the employees in the scheduled employment,
no minimum rates of wages shall be fixed or revised in respect of that employment
during the said period.]
(3) In fixing or revising minimum rates of wages under this section,-
(a) different minimum rates of wages may be fixed for-
(i) different scheduled employments;
(ii) different classes of work in the same scheduled employment;
(iii) adults, adolescents, children and apprentices;
(iv) different localities;
14[(b) minimum rates of wages may be fixed by any one or more of the following
wage periods, namely:
(i) by the hour,
(ii) by the day,
(iii) by the month, or
(iv) by such other larger wage-period as may be prescribed;
and
where such rates are fixed by the day or by the month, the manner of calculating
wages for a month or for a day, as the case may be, may be indicated:]
PROVIDED that where any wage-periods have been fixed under
section 4 of the Payment of Wages Act, 1936 (4 of 1936), minimum wages shall
be fixed in accordance therewith.
4.
Minimum rate of wages
(1) Any minimum rate of wages fixed or revised by the appropriate government
in respect of scheduled employments under section 3 may consist of-
(i) a basic rate of wages and a special allowance at a rate to be adjusted,
at such intervals and in such manner as the appropriate government may direct,
to accord as nearly as practicable with the variation in the cost of living
index number applicable to such workers (hereinafter referred to as the "cost
of living allowance"); or
(ii) a basic rate of wages with or without the cost of living allowance, and
the cash value of the concessions in respect of supplies of essential commodities
at concessional rates, where so authorised; or
(iii) an all-inclusive rate allowing for the basic rate, the cost of living
allowance and the cash value of the concessions, if any.
(2) The cost of
living allowance and the cash value of the concessions in respect of supplies
of essential commodities at concessional rate shall be computed by the competent
authority at such intervals and in accordance with such directions as may be
specified or given by the appropriate government.
14[5.
Procedure for fixing and revising minimum wages
(1) In fixing minimum rates of wages in respect of any scheduled employment
for the first time under this Act or in revising minimum rates of wages so fixed,
the appropriate government shall either-
(a) appoint as many committees and sub-committees as it considers necessary
to hold enquiries and advise it in respect of such fixation or revision, as
the case may be, or
(b) by notification in the Official Gazette, publish its proposals for the information
of persons likely to be affected thereby and specify a date, not less than two
months from the date of the notification, on which the proposals will be taken
into consideration.
(2) After considering the advice of the committee or committees appointed under
clause (a) of sub-section (1), or as the case may be, all representations received
by it before the date specified in the notification under clause (b) of that
sub-section, the appropriate government shall, by notification in the Official
Gazette fix, or, as the case may be, revise the minimum rates of wages in respect
of each scheduled employment, and unless such notification otherwise provides,
it shall come into force on the expiry of three months from the date of its
issue:
PROVIDED that where the appropriate government proposes to
revise the minimum rates of wages by the mode specified in clause (b) of sub-section
(1), the appropriate government shall consult the Advisory Board also.]
4. Minimum rate
of wages
(1) Any minimum rate of wages fixed or revised by the appropriate government
in respect of scheduled employments under section 3 may consist of-
(i) a basic rate of wages and a special allowance at a rate to be adjusted,
at such intervals and in such manner as the appropriate government may direct,
to accord as nearly as practicable with the variation in the cost of living
index number applicable to such workers (hereinafter referred to as the "cost
of living allowance"); or
(ii) a basic rate of wages with or without the cost of living allowance, and
the cash value of the concessions in respect of supplies of essential commodities
at concessional rates, where so authorised; or
(iii) an all-inclusive rate allowing for the basic rate, the cost of living
allowance and the cash value of the concessions, if any.
(2) The cost of
living allowance and the cash value of the concessions in respect of supplies
of essential commodities at concessional rate shall be computed by the competent
authority at such intervals and in accordance with such directions as may be
specified or given by the appropriate government.
14[5.
Procedure for fixing and revising minimum wagesp
(1) In fixing minimum rates of wages in respect of any scheduled employment
for the first time under this Act or in revising minimum rates of wages so fixed,
the appropriate government shall either-
(a) appoint as many committees and sub-committees as it considers necessary
to hold enquiries and advise it in respect of such fixation or revision, as
the case may be, or
(b) by notification in the Official Gazette, publish its proposals for the information
of persons likely to be affected thereby and specify a date, not less than two
months from the date of the notification, on which the proposals will be taken
into consideration.
(2) After considering the advice of the committee or committees appointed under
clause (a) of sub-section (1), or as the case may be, all representations received
by it before the date specified in the notification under clause (b) of that
sub-section, the appropriate government shall, by notification in the Official
Gazette fix, or, as the case may be, revise the minimum rates of wages in respect
of each scheduled employment, and unless such notification otherwise provides,
it shall come into force on the expiry of three months from the date of its
issue:
PROVIDED that where the appropriate government proposes to
revise the minimum rates of wages by the mode specified in clause (b) of sub-section
(1), the appropriate government shall consult the Advisory Board also.]
6.
Advisory committees and sub-committeesp
7.
Advisory Board
For
the purpose of co-ordinating work of 15[committees and sub-committees
appointed under section 5] and advising the appropriate government generally
in the matter of fixing and revising minimum rates of wages, the appropriate
government shall appoint an Advisory Board.
8.
Central Advisory Board
(1) For the purpose of advising the Central and State Governments in the matters
of the fixation and revision of minimum rates of wages and other matters under
this Act and for co-ordinating the work of the Advisory Boards, the Central
Government shall appoint a Central Advisory Board.
(2) The Central Advisory Board shall consist of persons to be nominated by the
Central Government representing employers and employees in the scheduled employments,
who shall be equal in number, and independent persons not exceeding one-third
of its total number of members; one of such independent persons shall be appointed
the Chairman of the Board by the Central Government.
9.
Composition of committees, etc.
Each
of the committees, sub-committees 16[***] and the Advisory Board
shall consist of persons to be nominated by the appropriate government representing
employers and employees in the scheduled employments, who shall be equal in
number, and independent persons not exceeding one-third of its total number
of members; one of such independent persons shall be appointed the Chairman
by the appropriate government.
14[10.Correction
of errors
(1) The appropriate government may, at any time, by notification in the Official
Gazette, correct clerical or arithmetical mistakes in any order fixing or revising
minimum rates of wages under this Act, or errors arising therein from any accidental
slip or omission.
(2) Every such notification shall, as soon as may be after it is issued, be
placed before the Advisory Board for information,]
11.
Wages in kind
(1) Minimum wages payable under this Act shall be paid in cash.
(2) Where it has been the custom to pay wages wholly or partly in kind, the
appropriate government being of the opinion that it is necessary in the circumstances
of the case may, by notification in the Official Gazette, authorise the payment
of minimum wages either wholly or partly in kind.
(3) If appropriate government is of the opinion that provision should be made
for the supply of essential commodities at concessional rates, the appropriate
government may, by notification in the Official Gazette, authorise the provision
of such supplies at concessional rates.
(4) The cash value of wages in kind and of concessions in respect of supplies
of essential commodities at concessional rates authorised under sub-sections
(2) and (3) shall be estimated in the prescribed manner.
12.
Payment of minimum rates of wages
(1) Where in respect of any scheduled employment a notification under section
5 17[***] is in force, the employer shall pay to every employee engaged
in a scheduled employment under him wages at a rate not less than the minimum
rate of wages fixed by such notification for that class of employees in that
employment without any deductions except as may be authorised within such time
and subject to such conditions as may be prescribed.
(2) Nothing contained in this section shall affect the provisions of the Payment
of Wages Act, 1936 (4 of 1936).
13.
Fixing hours for a normal working day, etc.
18[(1) In regard to any scheduled employment minimum rates of wages in
respect of which have been fixed under this Act, the appropriate government
may-
(a) fix the number of hours of work which shall constitute a normal working
day, inclusive of one or more specified intervals;
(b) provide for a day of rest in every period of seven days which shall be allowed
to all employees or to any specified class of employees and for the payment
of remuneration in respect of such days of rest;
(c) provide for payment for work on a day of rest at a rate not less than the
overtime rate.]
19[(2) The provisions of sub-section (1) shall, in relation to the following
classes of employees, apply only to such extent and subject to such conditions
as may be prescribed:-
(a) employees engaged on urgent work, or in any emergency which could not have
been foreseen or prevented;
(b) employees engaged in work in the nature of preparatory or complementary
work which must necessarily be carried on outside the limits laid down for the
general working in the employment concerned;
(c) employees whose employment is essentially intermittent;
(d) employees engaged in any work which for technical reasons has to be completed
before the duty is over;
(e) employees engaged in a work which could not be carried on except at times
dependent on the irregular action of natural forces.
(3) For the purposes of clause (c) of sub-section (2), employment of an employee
is essentially intermittent when it is declared to be so by the appropriate
government on the ground that the daily hours of duty of the employee, or if
there be no daily hours of duty as such for the employee, the hours of duty,
normally include periods of inaction during which the employee may be on duty
but is not called upon to display either physical activity or sustained attention.]
14.
Overtime
(1) Where an employee, whose minimum rate of wages is fixed under this Act by
the hour, by the day or by such a longer wage-period as may be prescribed, works
on any day in excess of the number of hours constituting a normal working day,
the employer shall pay him for every hour or for part of an hour so worked in
excess at the overtime rate fixed under this Act or under any law of the appropriate
government for the time being in force, whichever is higher.
(2) Nothing in this Act shall prejudice the operation of the provisions of 20[section
59 of the Factories Act, 1948 (63 of 1948)] in any case where those provisions
are applicable.
15.
Wages of worker who works for less than normal working day
If
an employee whose minimum rate of wages has been fixed under this Act by the
day works on any day on which he was employed for a period less than the requisite
number of hours constituting a normal working day, he shall, save as otherwise
hereinafter provided, be entitled to receive wages in respect of work done by
him on that day as if he had worked for a full normal working day:
PROVIDED,
however, that he shall not be entitled to receive wages for a full normal working
day-
(i) in any case where his failure to work is caused by his unwillingness to
work and not by the omission of the employer to provide him with work, and
(ii) in such other cases and circumstances as may be prescribed.
16. Wages
for two or more classes of work
Where
an employee does two or more classes of work to each of which a different minimum
rate of wages is applicable, the employer shall pay to such employee in respect
of the time respectively occupied in each such class of work, wages at not less
than the minimum rate in force in respect of each such class.
17. Minimum
time rate Wages for piece work
Where
an employee is employed on piece work for which minimum time rate and not a
minimum piece rate has been fixed under this Act, the employer shall pay to
such employee wages at not less than the minimum time rate.
18. Maintenance
of registers and records
(1) Every employer shall maintain such registers and records giving such particulars
of employees employed by him, the work performed by them, the wages paid to
them, the receipts given by them and such other particulars and in such form
as may be prescribed.
(2) Every employer shall keep exhibited, in such manner as may be prescribed,
in the factory, workshop or place where the employees in the scheduled employment
may be employed, or in the case of out-workers, in such factory, workshop or
place as may be used for giving out work to them, notices in the prescribed
form containing prescribed particulars.
(3) The appropriate government may, by rules made under this Act, provide for
the issue of wage books or wage slips to employees employed in any scheduled
employment in respect of which minimum rates of wages have been fixed and prescribed
in the manner in which entries shall be made and authenticated in such wage
books or wage slips by the employer or his agent.
19. Inspectors
(1) The appropriate government may, by notification in the Official Gazette,
appoint such persons as it thinks fit to be Inspectors for the purposes of this
Act and define the local limits within which they shall exercise their functions.
(2) Subject to any rules made in this behalf, an Inspector may, within the local
limits for which he is appointed-
(a) enter, at all reasonable hours, with such assistants (if any), being persons
in the service of the government or any local or other public authority, as
he thinks fit, any premises or place where employees are employed or work is
given out to out-workers in any scheduled employment in respect of which minimum
rates of wages have been fixed under this Act for the purpose of examining any
register, record of wages or notices required to be kept or exhibited by or
under this Act or rules made thereunder, and require the production thereof
for inspection;
(b) examine any person whom he finds in any such premises or place and who,
he has reasonable cause to believe, is an employee employed therein or an employee
to whom work is given out therein;
(c) require any person giving out-work and any out-workers, to give any information,
which is in his power to give, with respect to the names and addresses of the
persons to, for and from whom the work is given out or received, and with respect
to the payments to be made for the work;
14[(d) seize or take copies of such register, record or wages or notices
or portions thereof as he may consider relevant in respect of an offence under
this Act which he has reason to believe has been committed by an employer];
and
(e) exercise such other powers as may be prescribed.
(3) Every Inspector shall be deemed to be a public servant within the meaning
of the Indian Penal Code (45 of 1860).
7[(4) Any person required to produce any document or thing or to give
any information by an Inspector under sub-section (2) shall be deemed to be
legally bound to do so within the meaning of section 175 and section 176 of
the Indian Penal Code (45 of 1860).]
20. Claim
(1) The appropriate government may, by notification in the Official Gazette,
appoint 21[any Commissioner for Workmen's Compensation or any officer
of the Central Government exercising functions as a Labour Commissioner for
any region, or any officer of the State Government not below the rank of Labour
Commissioner or any] other officer with experience as a judge of a civil court
or as a Stipendiary Magistrate to be the authority to hear and decide for any
specified area all claims arising out of payment of less than the minimum rates
of wages 7[or in respect of the payment of remuneration for days
of rest or for work done on such days under clause (b) or clause (c) of sub-section
(1) of section 13 or of wages at the overtime rate under section 14], to employees
employed or paid in that area.
(2) 14[Where an employee has any claim of the nature referred to
in sub-section (1)], the employee himself, or any legal practitioner or any
official of a registered trade union authorised in writing to act on his behalf,
or any Inspector, or any person acting with the permission of the authority
appointed under sub-section (1) may apply to such authority for a direction
under sub-section (3):
PROVIDED that every such application shall be presented within
six months from the date on which the minimum wages 7[or other amount]
became payable:
PROVIDED FURTHER that any application may be admitted after
the said period of six months when the applicant satisfies the authority that
he had sufficient cause for not making the application within such period.
14[(3) When any application under sub-section (2) is entertained, the
authority shall hear the applicant and the employer, or give them an opportunity
of being heard, and after such further inquiry, if any, as it may consider necessary,
may, without prejudice to any other penalty to which the employer may be liable
under this Act, direct-
(i) in the case of a claim arising out of payment of less than the minimum rates
of wages, the payment to the employee of the amount by which the minimum wages
payable to him exceed the amount actually paid, together with the payment of
such compensation as the authority may think fit, not exceeding ten times the
amount of such excess;
(ii) in any other case, the payment of the amount due to the employee, together
with the payment of such compensation as the authority may think fit, not exceeding
ten rupees; and the authority may direct payment of such compensation in cases
where the excess or the amount due is paid by the employer to the employee before
the disposal of the application.
(4) If the authority hearing any application under this section is satisfied
that it was either malicious or vexatious, it may direct that a penalty not
exceeding fifty rupees be paid to the employer by the person presenting the
application.
(5) Any amount directed to be paid under this section may be recovered-
(a) if the authority is a Magistrate, by the authority as if it were a fine
imposed by the authority as a Magistrate, or
(b) if the authority is not a Magistrate, by any Magistrate to whom the authority
makes application in this behalf, as if it were a fine imposed by such Magistrate.
(6) Every direction of the authority under this section shall be final.
(7) Every authority appointed under sub-section (1) shall have all the powers
of a civil court under the Code of Civil Procedure, 1908 (5 of 1908), for the
purpose of taking evidence and of enforcing the attendance of witnesses and
compelling the production of documents, and every such authority shall be deemed
to be a civil court for all the purposes of section 195 and Chapter XXXV of
the Code of Criminal Procedure, 1898 (5 of 1898).
21.
Single application in respect of a number of employees
(1) 22[Subject to such rules as may be prescribed, a single application]
may be presented under section 20 on behalf or in respect of any number of employees
employed in the scheduled employment in respect of which minimum rates of wages
have been fixed and in such cases the maximum compensation which may be awarded
under sub-section (3) of section 20 shall not exceed ten times the aggregate
amount of such excess 7[or ten rupees per head, as the case may be].
(2) The authority may deal with any number of separate pending applications
presented, under section 20 in respect of employees in the scheduled employments
in respect of which minimum rates of wages have been fixed, as a single application
presented under sub-section (1) of this section and the provisions of that sub-section
shall apply accordingly.
14[22.
Penalties for certain offences
Any
employer who
(a) pays to any employee less than the minimum rates of wages fixed for that
employee's class of work, or less than the amount due to him under the provisions
of this Act, or
(b) contravenes any rule or order made under section 13;
shall
be punishable with imprisonment for a term which may extend to six months, or
with fine which may extend to five hundred rupees, or with both:
PROVIDED
that in imposing any fine for an offence under this section, the court shall
take into consideration the amount of any compensation already awarded against
the accused in any proceedings taken under section 20.
22A. General
provision for punishment of other offences
Any
employer who contravenes any provision of this Act or of any rule or order made
thereunder shall, if no other penalty is provided for such contravention by
this Act be punishable with fine which may extend to five hundred rupees.
22B. Cognizance
of offences
(1) No court shall take cognizance of a complaint against any person for an
offence-
(a) under clause (a) of section 22 unless an application in respect of the facts
constituting such offence has been presented under section 20 and has been granted
wholly or in part, and the appropriate government or an officer authorised by
it in this behalf has sanctioned the making of the complaint;
(b) under clause (b) of section 22 or under section 22A, except on a complaint
made by, or with the section of, an Inspector.
(2) No court shall take cognizance of an offence-
(a) under clause (a) or clause (b) of section 22, unless complaint thereof is
made within one month of the grant of sanction under this section;
(b) under section 22A, unless complaint thereof is made within six months of
the date on which the offence is alleged to have been committed.
22C. Offences
by companies
(1) If the person committing any offence under this Act is a company, every
person who at the time the offence was committed, was in charge of, and was
responsible to, the company for the conduct of the business of the company as
well as the company shall be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished accordingly:
PROVIDED that nothing contained in this sub-section shall render
any such person liable to any punishment provided in this Act if he proves that
the offence was committed without his knowledge or that he exercised all due
diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence
under this Act has been committed by a company and it is proved that the offence
has been committed with the consent or connivance of, or is attributable to
any neglect on the part of, any director, manager, secretary, or other officer
of the company, such director, manager, secretary or other officer of the company
shall also be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
Explanation : For the purposes of
this section-
(a) "company" means any body corporate and includes a firm or other association
of individuals, and
(b) "director" in relation to a firm means a partner in the firm.
22D. Payment
of undisbursed amounts due to employees
All
amounts payable by an employer to an employee as the amount of minimum wages
of the employee under this Act or otherwise due to the employee under this Act
or any rule or order made thereunder shall, if such amounts could not or cannot
be paid to the employee on account of his death before payment or on account
of his whereabouts not being known, be deposited with the prescribed authority
who shall deal with the money so deposited in such manner as may be prescribed.
22E. Protection
against attachment of assets of employer with government
Any
amount deposited with the appropriate government by an employer to secure the
due performance of a contract with that government and any other amount due
to such employer from that government in respect of such contract shall not
be liable to attachment under any decree or order of any court in respect of
any debt or liability incurred by the employer other than any debt or liability
incurred by the employer towards any employee employed in connection with the
contract aforesaid.
22F. Application
of Payment of Wages Act, 1936 to scheduled employments
(1) Notwithstanding anything contained in the Payment of Wages Act, 1936 (4
of 1936), the appropriate government may, by notification in the Official Gazette,
direct that, subject to the provisions of sub-section (2), all or any of the
provisions of the said Act shall, with such modifications, if any, as may be
specified in the notification, apply to wages payable to employees in such scheduled
employments as may be specified in the notification.
(2) Where all or any of the provisions of the said Act are applied to wages
payable to employees in any scheduled employment under sub-section (1), the
Inspector appointed under this Act shall be deemed to be the Inspector for the
purpose of enforcement of the provisions so applied within the local limits
of his jurisdiction.]
23. Exemption
of employer from liability in certain cases
Where
an employer is charged with an offence against this Act, he shall be entitled,
upon complaint duly made by him, to have any other person whom he charges as
the actual offender, brought before the court at the time appointed for hearing
the charge; and if, after the commission of the offence has been proved the
employer proves to the satisfaction of the court-
(a) that he has used due diligence to enforce the execution of this Act, and
(b) that the said other person committed the offence in question without his
knowledge, consent or connivance, that other person shall be convicted of the
offence and shall be liable to the like punishment as if he were the employer
and the employer shall be discharged:
PROVIDED
that in seeking to prove, as aforesaid, the employer may be examined on oath,
and the evidence of the employer or his witness, if any, shall be subject to
cross-examination by or on behalf of the person whom the employer charges as
the actual offender and by the prosecution.
24. Bar of
suits
No
court shall entertain any suit for the recovery of wages in so far as the sum
so claimed-
(a) forms the subject of an application under section 20 which has been presented
by or on behalf of the plaintiff, or
(b) has formed the subject of a direction under that section in favour of the
plaintiff, or
(c) has been adjudged in any proceeding under that section not to be due to
the plaintiff, or
(d) could have been recovered by an application under that section.
25. Contracting
out
Any
contract or agreement, whether made before or after the commencement of this
Act, whereby an employee either relinquishes or reduces his right to a minimum
rate of wages or any privilege or concession accruing to him under this Act
shall be null and void in so far as it purports to reduce the minimum rate of
wages fixed under this Act.
26. Exemptions
and exceptions
(1) The appropriate government may, subject to such conditions, if any as it
may think fit to impose, direct that the provisions of this Act shall not apply
in relation to the wages payable to disabled employees.
(2) The appropriate government, if for special reasons it think so fit, by notification
in the Official Gazette, direct that 7[subject to such conditions
and] for such period as it may specify the provisions of this Act or any of
them shall not apply to all or any class of employees employed in any scheduled
employment or to any locality where there is carried on a scheduled employment.
23[(2A) The appropriate government may, if it is of opinion that having
regard to the terms and conditions of service applicable to any class of employees
in a scheduled employment generally or in a scheduled employment in a local
area, 7[or to any establishment or a part of any establishment in
a scheduled employment], it is not necessary to fix minimum wages in respect
of such employees of that class 7[or in respect of employees in such
establishment or such part of any establishment] as are in receipt of wages
exceeding such limit as may be prescribed in this behalf, direct, by notification
in the Official Gazette,and subject to such conditions, if any as it may think
fit to impose, that the provisions of this Act or any of them shall not apply
in relation to such employees.]
(3) Nothing in this Act shall apply to the wages payable by an employer to a
member of his family who is living with him and is dependent on him.
Explanation: In this sub-section,
a member of the employer's family shall be deemed to include his or her spouse
or child or parent or brother or sister.
27. Power
of State Government to add to Schedule
The
appropriate government, after giving by notification in the Official Gazette
not less than three months' notice of its intention so to do, may, by like notification,
add to either Part of the Schedule any employment in respect of which it is
of opinion that minimum rates of wages should be fixed under this Act, and thereupon
the Schedule shall in its application to the State be deemed to be amended accordingly.
28. Power
of Central Government to give directions
The
Central Government may give directions to a State Government as to the carrying
into execution of this Act in the State.
29. Power
of Central Government to make rules
The
Central Government may, subject to the condition of previous publication, by
notification in the Official Gazette, make rules prescribing the term of office
of the members, the procedure to be followed in the conduct of business, the
method of voting, the manner of filling up casual vacancies in membership and
the quorum necessary for the transaction of business of the Central Advisory
Board.
30. Power
of appropriate government to make rules
(1) The appropriate government may, subject to the condition of previous publication,
by notification in the Official Gazette, make rules for carrying out the purposes
of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may-
(a) prescribe the term of office of the members, the procedure to be followed
in the conduct of business, the method of voting, the manner of filling up casual
vacancies in membership and the quorum necessary for the transaction of business
of the committees, sub-committees,16[***] and the Advisory Board;
(b) prescribe the method of summoning witnesses, production of documents relevant
to the subject-matter of the enquiry before the committees, sub-committees,
16[***] and the Advisory Board;
(c) prescribe the mode of computation of the cash value of wages in kind and
of concessions in respect of supplies of essential commodities at concession
rates;
(d) prescribe the time and conditions of payment of, and the deductions permissible
from, wages;
(e) provide for giving adequate publicity to the minimum rates of wages fixed
under this Act;
(f) provide for a day of rest in every period of seven days and for the payment
of remuneration in respect of such day;
(g) prescribe
the number of hours of work which shall constitute a normal working day;
(h) prescribe
the cases and circumstance in which an employee employed for a period of less
than the requisite number of hours constituting a normal working day shall not
be entitled to receive wages for a full normal working day;
(i) prescribe the form of registers and records to be maintained and the particulars
to be entered in such registers and records ;
(j) provide for the issue of wage book and wage slips and prescribe the manner
of making and authenticating entries in wage books and wage slips;
(k) prescribe the powers of Inspectors for purposes of this Act;
(l) regulate the scale of costs that may be allowed in proceedings under section
20; and
(m) prescribe the amount of court-fees payable in respect of proceedings under
section 20; and
(n) provide for any other matter which is to be or may be prescribed.
13[30A. Rules
made by Central Government to be laid before Parliament
Every
rule made by the Central Government under this Act shall be laid as soon as
may be after it is made before each House of Parliament while it is in session
for a total period of thirty days which may be comprised in one session or in
two successive sessions, and if, before the expiry of the session in which it
is so laid or the session immediately following, both Houses agree in making
any modification in the rule or both Houses agree that the rule should not be
made, the rule shall thereafter have effect only in such modified form or be
of no effect, as the case may be, so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously
done under that rule.]
10[31.
Validation of fixation of certain minimum rates of wages
Where
during the period-
(a) commencing on the lst day of April, 1952, and ending with the date of the
commencement of the Minimum Wages (Amendment) Act, 1954 (26 of 1954); or
(b) commencing on the 31st day of December, 1954, and ending with the date of
the commencement of the Minimum Wages (Amendment) Act, 1957 (30 of 1957); or
(c) commencing on the 31st day of December, 1959, and ending with the date of
the commencement of the minimum Wages (Amendment) Act , 1961 (31 of 1961), minimum
rates of wages have been fixed by an appropriate government as being payable
to employees employed in any employment specified in the Schedule in the belief
or purported belief that such rates were being fixed under clause (a) of sub-section
(1) of section 3, as in force immediately before the commencement of the Minimum
Wages (Amendment) Act, 1954 (26 of 1954), or the Minimum Wages (Amendment) Act,
1957 (30 of 1957), or the Minimum Wages (Amendment) Act, 1961 (31 of 1961),
as the case may be, such rates shall be deemed to have been fixed in accordance
with law and shall not be called in question in any court on the ground merely
that the relevant date specified for the purpose in that clause had expired
at the time the rates were fixed :
PROVIDED
that nothing contained in this section shall extend, or be construed to extend,
to affect any person with any punishment or penalty whatsoever by reason of
the payment by him by way of wages to any of his employees during any period
specified in this section of an amount which is less than the minimum rates
of wages referred to in this section or by reason of non-compliance during the
period aforesaid with any order or the rule issued under section 13.]
THE
SCHEDULE
[See
section 2(g) and 27]
PART
I
(1) Employment in any woollen carpet making or shawl weaving establishment.
(2) Employment in any rice mill, flour mill or dal mill.
(3) Employment in any tobacco (including bidi making) manufactory.
(4) Employment in any plantation, that is to say, any estate which is maintained
for the purpose of growing cinchona, rubber, tea or coffee.
(5) Employment in any oil mill.
(6) Employment under any local authority.
24[(7) Employment on the construction or maintenance of roads or in building
operations.]
(8) Employment in stone breaking or stone crushing.
(9) Employment in any lac manufactory.
(10) Employment in any mica works.
(11) Employment in public motor transport.
(12) Employment in tanneries and leather manufactory.
25[Employment in gypsum mines.
Employment in barytes mines.
Employment in bauxite mines.]
26[Employment in manganese mines.]
27[Employment in the maintenance of buildings and employment in the construction
and maintenance of runways]
28[Employment in china clay mines.
Employment in kyanite mines.]
29[Employment in copper mines.]
30[Employment in clay mines.]
31[Employment in magnesite mines covered under the Mines Act, 1952]
32[Employment in white clay mines.]
33[Employment in stone mines.]
34[Employment in steatite (including mines producing soapstone & tale)]
35[Employment in ochre mines.]
36[Employment in asbestos mines.]
37[Employment in fire clay mines.]
38[Employment in chromite mines.]
39[Employment in quartizite mines.
Employment in quartz mines.
Employment in silica mines.]
40[Employment in graphite mines.
41[Employment in felspar mines.]
42[Employment in laterite mines.]
43[Employment in dolomite mines.
Employment in red oxide mines.]
44[Employment in wolfram mines.]
45[Employment in iron-ore mines.]
46[Employment in granite mines.]
47[Employment in rock phosphate mines.]
48[Employment in haemetite mines.]
49[Employment in loading and unloading in railways, goods sheds.
Employment in docks and ports.]
50[Employment in ashpit cleaning on railways.]
51[Employment in marble and calcite mines.]
52[Employment in uranium mines.]
53[Employment in mica mines.]
54[Employment in lignite mines;
Employment in gravel mines.
Employment in state mines.
Employment in laying of underground cables, electric lines, water supply lines
and sewerage pipe line.]
PART
II
(1) Employment in agriculture, that is to say, in any form of farming, including
the cultivation and tillage of the soil, dairy farming, the production, cultivation,
growing and harvesting of any agricultural or horticultural commodity, the raising
of live-stock, bees or poultry, and any practice performed by a farmer or on
a farm as incidental to or in conjunction with farm operations (including any
forestry or timbering operations and the preparation for market and delivery
to storage or to market or to carriage for transportation to market of farm
produce).
Foot Notes
1
The words "except the State of Jammu and Kashmir" omitted by Act No. 51 of 1970,
w.e.f. 1st. September, 1971.
2
Substituted by Act No. 61 of 1986, w.e.f. 23rd. December, 1986.
3
Substituted for the words "Central Government or a railway administration" by
Act No. 30 of 1957, w.e.f. 17th. September, 1957.
4
Substituted for the words "an Act of the Central Legislature" by the A.O. 1950.
5
Inserted by Act No. 61 of 1986, w.e.f. 23rd. December, 1986.
6
Substituted for the words, brackets and figures "clause (e) of sub-s. (1) of
s. 9 of Factories Act, 1934 (25 of 1934)" by Act No. 26 of 1954.
7
Inserted by Act No.30 of 1957.
8
Substituted by the A.O. 1950, for the word "Crown".
9
Substituted by Act No.26 of 1954.
10
Substituted by Act No.31 of 1961.
11
Omitted by Act No.31 of 1961.
12
Substituted by Act No.31 of 1961.
13
Inserted by Act No.31 of 1961.
14
Substituted by Act No.30 of 1957.
15
Substituted for the words "committees, sub-committees, advisory committees and
advisory sub-committees appointed under sections 5 and 6" by Act No.30 of 1957.
16
The words "advisory committee, advisory sub-committees" omitted by Act No.30
of 1957.
17
The words and figures "or section 10" omitted by Act No.30 of 1957.
18
Section 13 re-numbered as sub-section (1) thereof by Act No.30 of 1957.
19
Added by Act No.30 of 1957.
20
Substituted by Act No.26 of 1954, for the words, brackets and figures "s. 47
of the Factories Act, 1934 (25 of 1934)".
21
Substituted for the words "any Commissioner for Workmen's Compensation or" by
Act No.30 of 1957.
22
Substituted by Act No.30 of 1957, for the words "A single application".
23
Inserted by Act No.26 of 1954.
24
Substituted by Act No.30 of 1957.
25
Inserted by Notification No S.O. 3760, dated 4th. December, 1962.
26
Inserted by Notification No. S.O. 4030, dated 30th. October, 1967.
27
Inserted by Notification No. S.O. 1987, dated 30th. May, 1968.
28
Inserted by Notification No. S.O. 586, dated 5th. February, 1970.
29
Inserted by Notification No. S.O. 795, dated 13th. February, 1970.
30
Inserted by Notification No. S.O. 796, dated 18th. February, 1970.
31
Inserted by Notification No. S.O. 2357, dated 1st. July, 1970.
32
Inserted by Notification No. S.O. 3896, dated 3rd. September, 1971.
33
Inserted by Notification No. S.O. 3898, dated 15th. September, 1971.
34
Inserted by Notification No. S.O. 2972, dated 1st. July, 1972.
35
Inserted by Notification No. S.O. 2973, dated 1st. July, 1972.
36
Inserted by Notification No. S.O. 2974, dated 6th. July, 1972.
37
Inserted by Notification No. S.O. 1587, dated 24th. May, 1973.
38
Inserted by Notification No. S.O. 2311, dated 3rd. July, 1975.
39
Inserted by Notification No. S..O. 807, dated 4th. February, 1976.
40
Inserted by Notification No. S.O. 558, dated 29th. January, 1977.
41
Inserted by Notification No. S.O. 1823, dated 14th. June, 1978.
42
Inserted by Notification No. S.O. 2945, dated 22nd. September, 1978.
43
Inserted by Notification No. S.O. 2950, dated 25th. September, 1978.
44
Inserted by Notification No. S.O. 3671, dated 7th. December, 1978.
45
Inserted by Notification No. S.O. 1757, dated 16th. June, 1980.
46
Inserted by Notification No. S.O. 2473, dated 28th. September, 1980.
47
Inserted by Notification No. S.O. 1824, dated 22rd. March, 1983.
48
Inserted by Notification No. S.O. 1957, dated 11th. April, 1983.
49
Inserted by Notification No. S.O. 2092, dt 24th. April, 1983.
50
Inserted by Notification No. S.O. 2093, dated 23rd. April, 1983.
51
Inserted by Notification No. S.O. 3455, dated 20th. August, 1983.
52
Inserted by Notification No. S.O. 2693, dated 1st. August, 1986.
53
Inserted by Notification No. S.O. 726(E), dated 29th. September, 1993.
54
Inserted by Notification No. S.O. 439(E), dated 20th. May, 1998.
